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and that the following words and phrases are obviously offensive to the patrons of motion pictures in the United States and, more particularly, to the patrons of motion pictures in foreign countries:

Chink (Chinese).

Dago (Italian).

Frog (French).

Hunkie (Hungarian).

Kike (United States and England).
Nigger (United States).

Greaser (Mexico and Central Ameri- Spig (Mexico and Central America).

ican).

Hun (German).

Wop (Italian).

Yid (United States and England).

This completes the review of the evolution of self-regulation from the organization of Motion Picture Producers and Distributors of America, Inc., in 1922, through 1930 which witnessed the adoption of the Production Code to 1934 which brought an adequate mechanism for administering the code with the establishment of a department known as the Production Code Administration, and a brief discussion of subsequent refinements in administrative procedure.

Next in order is a statistical summary of the actual activities of the Production Code Administration for the five full years (1935-39) which indicates the huge volume of service rendered on identical terms both to members and nonmembers of the trade association.

V. STATISTICAL SUMMARY OF YEARLY ACTIVITIES OF THE PRODUCTION CODE ADMINISTRATION OF THE MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF

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Special attention is called to the 29,209 written opinions sent to producers by the Production Code Administration during the past 5 years. These letters, averaging nearly 500 per month relate to the suitability under the production code of novels, stage plays, magazine stories, original screen stories, shooting scripts, script changes, and completed films. Approximately 62 percent of the service is to member companies; the remaining 38 percent is rendered upon the request of domestic and foreign nonmembers who desire to secure certificates stating that named films, thus serviced, comply with the code.

The Production Code Administration, of which Joseph E. Breen is director, is in essence a joint editorial board composed of eight members, charged with responsibility for seeing to it that all films produced, and/or distributed by members of Motion Picture Producers and Distributors of America, Inc., and all other films voluntarily submitted by nonmembers of this association, comply with the standards of morality and good taste embodied in the code. the relationship is voluntary, and because more than 90 percent of the service is rendered before production commences or during the shooting of a picture, the relationship differs fundamentally from that of "censors." To use another analogy, the relationship is much nearer to that confidential, sympathetic atti

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tude which exists between a lawyer and his client than that between a judge on the bench and a litigant at the bar.

The picture files of the Production Code Administration are filled with letters and memoranda reciting for the record agreements arrived at in conferences between members of the Production Code Administration and story writers, producers, directors, etc., for both domestic and foreign member and nonmember companies. Daily telephone calls from producers of pictures actually "shooting" evidence their desire for supplementary advisory service in connection with current problems.

Since the letters addressed to producers are confidential communications, the cases cited below-all taken from the bound volume of Production Code Administration opinions for February 1940 (the most recent bound volume) are not referred to by picture title, nor is the name of the recipient listed.

The following typical letters illustrate the way in which basic story points and detailed treatment are dealt with, following a reading of each script or story treatment by at least two members of the board and a discussion of the problems under the code at a staff meeting held daily, which is similar to the discussion of a group of appellate judges weighing a case in conference.

These letter opinions and the dates of other letters bearing upon the same film indicate also the constant changes which are being made during shooting and cutting of a film and the impossibility of furnishing the synopsis called for in section 4 of the pending bill, without the risk of incurring heavy penalties because of later changes made necessary in order to secure certificate of approval for the finished film.

Case A

[NOTE. This opinion dated February 28, 1940, addressed to a member producer, seems to have resulted in decision not to proceed with a motion picture based upon this novel. No revision of the objectionable story has been submitted to the Production Code Administration.]

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you have been kind enough to submit to us for our judgment, and greatly regret to report that the story, as it stands, is not acceptable from the standpoint of the Production Code, and that a motion picture based upon it would have to be rejected by this office.

The book contains three elements, apparently basic to the present story, which are at the same time basically objectionable under the Code.

(1) The male lead, J -, commits adultery in flagrant fashion. The Code says that adultery as a subject should be avoided. When adultery is absolutely necessary for the plot, there must be ample compensating moral values, in the nature of a strong voice for decency, of pointed suffering, of actual punishment of the guilty. We fail to find these values in the story we have read."

(2) Illegal drug traffic and its effects are portrayed. The Code says that "Illegal drug traffic must never be presented." The reason given is as follows: "Because of its evil consequences, the drug traffic should not be presented in any form. The existence of the trade should not be brought to the attention

of audiences."

You will readily realize that this is a clear-cut prohibition.

(3) J

commits murder, and there is no indication whatever of any punishment for this crime. While there is no need of showing the process of law, there must be some accounting for the crime.

There are some objectionable minor details which need not be enumerated at this time.

If you can see your way clear to revise this story in its fundamental form, we shall be happy, of course, to consult with you.

Cordially yours,

6: S

JOSEPH I. BREEN.

Case B

[NOTE. As a result of unfavorable opinion attached hereto, addressed to member company, no further material has been submitted, the indication being that production of film based on this basically objectionable material has been abandoned.]

Mr. Address

FEBRUARY 8, 1940.

DEAR MR.

: Supplementing our conversation of this morning, regarding the synopsis of the novel, “-", by

:

As I presumed to suggest to you this morning, the story, as set forth in the novel, could not, of course, be approved under the provisions of the Production Code. This is because the basic story is a story of gross sexual irregularities, without sufficient compensating moral values.

I direct your attention to the fact that your two sympathetic leads continue, for a number of years, a glorified adulterous relationship, which is repeatedly condoned. In addition, the husband of the lady, M- de F , is, likewise, depicted as an adulterer. R- the younger man, is given over to much loose illicit sexual conduct, as are some of the other important characters in the story.

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In addition to these basic difficulties, there are a number of important details in the novel which could not, of course, be approved.

I send this along for your general information.

4:1H

Cordially yours,

Case C

JOSEPH I. BREEN.

[NOTE. For nearly 2 years prior to February 14, 1940, the date of this letter, a member producer has been submitting successive treatments for a film based upon a stage play by a well-known author. The attached letter indicates that basic problems have been solved satisfactorily and further detailed changes are in process. Other communications in the file refer to this treatment as "a magnificent piece of first-class screen craftsmanship" resulting in "a much better story than the

play."]

FEBRUARY 14, 1940.

Mr.

Address

DEAR MR.

of the

" story,

We have read with great interest the treatment by -," and I am pleased to advise you that the material, in our judgment, conforms to the provisions of the Production Code. There is one important detail, however, which will need to be corrected in the preparation of the script. Because the character of JAttorney, is guilty of a perversion of justice, there should be some indication at the end of the picture that he is to be punished in some way for his crime. This detail is important.

the Defense

It may be that in the preparation of the screen play, based upon this very excellent treatment, some minor details may creep in which will need to be revised or corrected. This, however, we feel can be taken care of, as, and when, the screen play comes along.

Very truly yours,

JIB/S

Case D

JOSEPH I. BREEN.

[NOTE. A story treatment of a few pages was submitted January 8 by this nonmember producer who distributes through a member company. Treatment was approved January 10, attention being called to various story points which seemed to require care. The attached opinion relates to suitability of script of a hundred pages or more. Due note was taken of the P. C. A. cautions set forth in this letter and completed film was approved March 18, 1940.]

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We have read the script for your proposed production titled -," and are happy to report this material seems to meet the requirements of the Production Code.

However, we direct your attention to the following details:

Scenes 32, 35, 36, and 44: Please bear in mind that the Code prohibits the showing of gun battles between criminals and law-enforcing officers." We recommend that a line be inserted to indicate that N is trying to shoot the tires of the police car and that N's shooting be held to a minimum and that he use but one revolver.

Scene 218: We presume there will be no gruesome details as to the injured boys. Scene 287: We believe it would be well to have Mwounded rather than killed by the police and, in Scene 288 contd. Page 130, he would be shown conscious, but perhaps limping, when he gets into the police car. This will change the dialogue at Scene 309 contd. Page 139, from indicating that Mbeen killed to his being wounded.

has

Scenes 291 et seq.: We assume that there will be no unacceptable exposure of A's person.

Scene 311 contd. Page 140: Please amplify L's speech to indicate that G has been arrested and will be punished also.

You understand, of course, that our final judgment will be based upon the finished picture. Cordially yours,

8:HF

Case E

JOSEPH I. BREEN.

[NOTE.-Attached opinion addressed to member company, dated February 7, 1940, deals with first script for typical South Sea island yarn of romantic adventure. A "shooting script" was dealt with in 3-page opinion from Production Code Administration dated March 20, 1940, commenting upon 21 different items where changes were necessary or special care during shooting seemed to be required. A "third revised final shooting script" was later submitted. Picture is still in work. This company sometimes submits as many as 9 "final" revised shooting scripts.]

Mr.
Address

DEAR MR.

FEBRUARY 7, 1940.

We have read the script for your proposed picture

," and are happy to report that the basic story seems to meet the requirements of the Production Code.

Going through the script in detail, we call your attention to the following minor items:

Page 4: This gag, commencing with the line, "Who to, and what for?" and concluding "Can't you take a joke?" must be omitted, as sacrilegious.

Page 13: Care will be needed here, and throughout the picture, with the costumes worn by the natives. At no time must there be any suggestion of nudity, and the breasts of the women must be covered at all times.

Page 16: This embrace in Scene 44 should not be in a horizontal position, nor should the couple be shown embracing while lying on the ground.

Page 34: The expression "Thank the Lord" should be changed.

Page 35: Here, and throughout the picture, care will be needed with the various native dances, to avoid any offensive movements, or action.

Page 51: The line, "Oh, just blame the whole thing on China," must be changed as offensively suggestive.

Page 84: The same applies to the lines on this page the same side of the street" and "*

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* both working * there's one on every corner." should be changed to avoid characterizing your heroine as a prostitute. Page 91: Care will be needed in these underwater scenes, to avoid any undue gruesomeness.

Page 99: Care will be needed with this dance.

Page 100: Please avoid any scenes of offensive drunkenness throughout this sequence.

Page 105: This scene of the embrace between K

and R

must not

be in a horizontal position, or with them both lying on the ground. Page 125 and 126: Please avoid any undue gruesomeness in these scenes of the fight, particularly with reference to scene 376.

You understand, of course, that our final judgment will be based upon the finished picture.

Cordially yours,

2: S

JOSEPH I. BREEN.

Case F

[NOTE.-Attached letter dated February 15, 1940, submitted by member company. On November 14, 1939, a "synopsis" was submitted and rejected "on the ground that marriage is frivolously treated and both bigamy and adultery are presented without any compensating moral values." These problems were discussed with producer November 16, 1939. A "story treatment" was submitted January 3, 1940, in which some difficulties had been met through plot changes. The attached letter points out additional changes still required. This file indicates the gradual emergence of a story which may finally be approved after additional substantial changes during the shooting and cutting of the picture.]

Mr.

Address

DEAR MR.

FEBRUARY 15, 1940.

We have read the first draft, dated February 12, 1940, of the script for your proposed production titled —, and regret very much to report that we cannot approve this material in its present form because of the suggestive flavor of the final sequence wherein it is pointedly, and rather crudely indicated that L and Aare going to bed together.

In addition, we direct your attention to the following details: Page 27: There seems to be an excessive amount of drinking in a number of scenes. Kindly make sure to limit all drinking to a minimum absolutely required for characterization and plot motivation.

Page 37: We presume there will be no suggestive reactions to the playing of "Let's Put Out the Lights and Go to Bed."

Page 79: In order to avoid objectionable innuendo, there must be no break in W- -'s line, "I can hardly wait-er-to see Bermuda."

We shall be glad, of course, to examine the revised version of this story. In any event, our final judgment will be based upon our review of the finished picture. Cordially yours,

6: HF

Case G

JOSEPH I. BREEN.

FEBRUARY 28, 1940.

Mr.

Address

DEAR MR.

: We have read the script, dated February 24, 1940, for your proposed production titled (Production #, and regret to inform you that the script, in its present form, is not acceptable under the requirements of the Production Code.

Our reasons for rejecting this script are:

and N

(1) The illicit sex relationship indicated between V (2) Excessive and unnecessary drinking throughout. (3) Innumerable details of crime, all of which violate the Production Code. We shall be glad to go over this script with the writer and point out the unacceptable details with the idea of making this story conform to the Production Code.

Cordially yours,

8: HF

JOSEPH I. BREEN.

[NOTE. As a result of conferences between the nonmember producer and PCA staff, and the submission of two revised scripts, on March 12 and March 21, the completed picture was found in conformity with Code April 18, 1940, and seal of approval was issued.

Through collaboration of Producer and PCA, the illicit sex affair, which was not necessary to the plot, was eliminated; excessive and unnecessary drinking was omitted; and the lead in this murder-blackmail story was punished, while another criminal was killed in an accident for which he was responsible.]

Case H

[NOTE. This letter deals with script for a typical "Western" being produced by a nonmember of the association. Some cowboy songs to be used in this

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